Can any random lawyer appear for hearing?
Praveen Kumar
(Querist) 29 March 2010
This query is : Resolved
I have filed a complaint in a consumer court and I appear as 'party in person'. The opposite party, a bank, has appointed a lawyer. The lawyer came only the first time to file the vakalat. From the next time onwards he sends an office peon who goes about the court trying to convince one of the lawyers there to appear as the opposite party. Is this legally allowed? My understanding is that the lawyer on record if it is a firm, has to send the same lawyer. And in case the lawyer is doing the wrong thing what are the steps and measures I can take?
O. Mahalakshmi
(Expert) 29 March 2010
The Lawyer can entrust his work to another Lawyer by sending a peon. You can go through the case against the steps. The original lawyer is need in cross examination and arguments only.
Praveen Kumar
(Querist) 29 March 2010
Thank you Mr. Mahalakshmi. But is the converse also true? Can I send any of my relatives like brother, wife, mother or friend till the case comes to the cross examination or argument stage? Will the court accept that?
adv. rajeev ( rajoo )
(Expert) 29 March 2010
any lawyer can represent on behalf of the the advocate but some times court asks for the signature on the vakalat of the advocate. You dont worry about that you can go with the case.
Praveen Kumar
(Querist) 29 March 2010
Thank you Mr. Rajeev. I am not worried about the fact that anybody can randomly represent the opposite party. My question is whether on that grounds can I ask the judge not to accept a plea for adjournment that the plea being asked for is not by the original lawyer. Because if you see in the Consumer Protection Regulations, 2005, it clearly states that the mere absence of the opposite party lawyer is not reason for adjournment. Because in this case the opposite party lawyer can continuously ask his peon to find a lawyer in the court and keep filing the memos without as much as even coming to the court. How is that fair? When the complainant, and that too when it is in person, is expected to come for every hearing, should'nt the lawyer on record also come even if it is to only ask for adjournment and that too an ajournment to file a version leave alone anything else?
Parveen Kr. Aggarwal
(Expert) 30 March 2010
Only an authorised representative can represent any party in legal proceedings. The Consumer Forum is not bound to hear a peon without authority letter from competent authority of the bank. Similarly, an advocate who has been authorised by the bank by executing Vakalat (or Vakalatnama), can appear and submit on behalf of the bank. Other advocates who appear without proper authorisation have no right of hearing and the opposite party cannot be said to be represented by duly authorised person. The Consumer Forum may proceed ex parte against the opposite party.
Kumar Thadhani
(Expert) 02 April 2010
YES THE AUTHORISED PERSON APPOINTED AS AN ADVOCATE /LAWYER CAN REPRESENT IN CASE LEGAL PROCEEDINGS UNDER CONSUMER PROTECTION ACT.
